HomeMy WebLinkAbout05-30000083
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ENCROACHMENT PERMIT
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVE
BAKERSFIELD CA 93301
(661) 326-3724
TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and
maintain an encroachment on public property or right of way as therein defined.
Application Number . .
pin number . . . . . .
Property Address . . .
Application description
05-30000083 Date 4/13/05
089943
11 S CHESTER AVE
PW - ENCROACHMENT PERMIT
Owner
Contractor
BAKERSFIELD MARKETING LLC
3409 ACTIS S~
BAKERSFIELD '; CA 93309
OWNER/BUILDER
BAKERSFIELD
CA 93301
Permit . . . . .
Additional desc .
Phone Access Code
Permit Fee . . .
Issue Date . . .
ENCROACHMENT PERMIT
356725
150.00
4/13/05
Valuation
o
Qty Unit Charge Per
1.00 150.0000 EA PW ENCROACHMENT
Extension
150.00
Special Notes and Comments
INSTALATION A ROD IRON FENCE INSIDE AND
RUNNING ALONG NEWLY POURED PUBLIC
SIDEWALK APPROX. 370' @ 4' HEIGHT. ALSO
4 CONCRETE SLABS 5' IN DIAMETER IN
GRASSED AREA FOR PICNIC TABLES
Fee sununary Charged Paid Credited Due
----------------- ---------- ---------- ---------- ----------
Permit Fee Total 150.00 150.00 .00 .00
Grand Total 150.00 150.00 .00 .00
Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the
~~~
S' ature of cant (Owner/Agent)
J 4v re,--
(J't, 11.5fL
Print Name
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING
APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT)
SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO ,BE LOCATED AND (2)
WILL (NOT) CONST~ TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS
THEREFORE (GRANTE~aid permit shall expire on date stated above.
Signature of City Engineer
Additional Terms on the Back
05- ~3
'.
Applicant agrees that if this application is granted, applicant shall indemnify, defend, and hold harmless CITY, its officers~ agents and
employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before
administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by applicant, or in any way arising
from, the terms and provisions of this permit or the placement, use (by applicant or any other person or entity) or maintenance of said
encroachment, whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful
misconduct. The applicant further agrees to maintain the aforesaid encroachment during the life of the said encroachment or until such
time that this permit is revoked.
Applicant further agrees that upon the expiration of the permit for which this application is made, if granted, or upon revocation thereof by
the City Engineer, applicant will at his own cost and expense remove the same from the public property or right of way where the same is
located, and restore said public property or right of way to the condition as nearly as that in which it was before the placing, erecti~n,
maintenance or existenc~ of said encroachment.
Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long
the encroachment remains. Applicant shall furnish the City Risk Manager with a certificate of issuance evidencing sufficient coverage for
bodily injury or property damage liability of both and required endorsements evidencing the insurance required.
I have read and acknowledge the above.
_Applicant's Initials
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PUBLIC WORKS DEPARTMENT
ISOl TRUXTUN AVENUE
BAKERSFIELD. CALIFORNIA 93301
(661) 326-3724
RAUL M. ROJAS, DIRECTOR. CITY ENGINEER
May 2, 2005
Edward Gallo dba McDonalds
25505 Brighton Place
Stevenson Ranch, CA 91381
RE: Encroachment Permit Application
Dear Mr. Gallo:
We have reviewed your application for an encroachment permit for an outside seating area
within the City of Bakersfield right-of-way along Brundage Lane. Per City of Bakersfield
Municipal Code Section 17.58.110, Schedule of parking requirements, an additional four parking
spaces minimum would be required to accommodate your request of four tables, as shown on
your application, with only two seats per table. Unless the required parking can be added, your
request for an encroachment permit for an outside seating area within the City of Bakersfield
right-of-way along Brundage Lane is denied.
Should you have any questions, please contact Randy Johnson at (661) 326-3993.
Very truly yours,
RAUL M. ROJAS
Public Works Director
by:
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479(, ti-----
MARIAN P. SHAW
Civil Engineer IV
cc: encroachment permit file
S:\PERMITS\ENCROACH\Letters\11 S Chester deniaLdoc
O~--83
Page I of I
Robert;, Wilson - Re: McDonalds at 11 S. Chester Ave
,~
From:
To:
Date:
Subject:
Jim Eggert
Robert Wilson
4/28/2005 10:27 AM
Re: McDonalds at 11 5. Chester Ave
Their 38 spaces includes the drive thru. I know that this site is real tight and they just made the requirement. We have
already had some compliants about the parking but we have always seen a few spaces available when they are busy.
We just don't need to worsen the situation,
>>> Robert Wilson Thursday, April 28, 2005 >>>
Jim, thanks for the info, I have an additional question re: the parking. There 5PR conditions required 38 parking spaces.
Were they able to get 38 spaces without utilizing the drive thru lanes? If so does there drive thru configuration give
them any additional parking spaces?
>>> Jim Eggert Thursday, April 28, 2005 >>>
We required that everything be met using the new/future r/w. However, they do not have enough onsite parking to add
outdoor seating. So we could not approve.
If you need to review the final landscape plan, it is with the building set and Dave Reizer can pull out if you need it.
>>> Robert Wilson Wednesday, April 27, 2005 >>>
Jim, do you have a copy of the approved landscape plans for the McDonalds at 11 5. Chester Ave that we can borrow
and take a look at?
I need to determine if any of the landscaping within the additional R/W dedication we acquired counted toward the total
amount of landscaping required for this project?
We acquired additional R/W on Brundage Ln and Chester Ave. for a future right turn lanes. McDonalds has applied for
an Encroachment permit to concrete and install outdoor seating within the R/W along Brundage Ln. until the street is
fully expanded.
If you have any questions please let me know.
Thanks, Bob
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4/28/2005
17.58.110 Schedule of parking requirements.
Page 1 of5
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Bakersfield California Municipal Code
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17.58.110 Schedule of parking requirements.
Off-street parking facilities shall be provided and maintained for the following specified uses or facilities as follows:
PARKING REQUIREMENT SCHEDULE
Specified Use
1. One-family dwellings
2, Multiple-family dwellings and condominium
(efficiency and one bedroom units). (The guest
parking requirement for projects with two to four
units shall not apply to any lot less than ten
thousand square feet and, that is not part of, or
adjacent to multi-family subdivisions or other
multi-family projects that existed prior to the
effective date of this section,)
3. Multiple-family dwellings and condominiums (2
or more bedrooms), (The guest parking
requirement for projects with two to four units
shall not apply to any lot less than ten thousand
square feet and, that is not part of, or adjacent to
multi-family subdivisions or other multi-family
projects that existed prior to the effective date of
this section.)
4, Dwellings designed for senior citizens which
are restricted by recorded covenant requiring
occupancy of at least one resident per unit aged
62 years or over physically handicapped persons.
5. Hospitals, medical in-patient clinics and other
overnight treatment facilities, additional parking
required for administrative offices, outpatient
clinic, testing, teaching, research and other similar
Required Off-Street Parking Facilities
2 spaces per dwelling unit
1-1/2 space per unit, plus an additional 10%
for guest parking on parcels containing 6 or
more units, A minimum of one guest space
shall be provided for each unit for projects
with two to four units. For these projects
tandem space may be permitted subject to
the approval of the planning director.
2 spaces per unit, plus an additional 10% for
guest parking on parcels containing 6 or more
units. A minimum of one guest space shall be
provided for each unit for projects with two to
four units. For these projects tandem space
may be permitted subject to the approval of
the planning director.
1 space per 2 units
1 space per bed
http://www.codemanage.com/bakersfield/index.php?topic=17-17 _58-17 _58_110
4/28/2005
17.58.110 Schedule of parking requirements.
activities
6, Convalescent hospitals, and ,extended medical
care facilities, nursing and convalescent homes,
homes for the aged, conjugate care and extended
care facilities; additional parking required for
administrative offices, testing, teaching, research
and other similar activities
7, Hotels; motels; (additional parking required for
meeting rooms, restaurants, bars and office
space)
8, Neighborhood shopping and regional shopping
centers; freestanding satellite pads such as fast
food restaurants or banks shall be computed
separately unless satellite buildings contain two or
more tenants
9, Convenience market with or without gas
pumps
10. General retaiLar-ld-mmme.cia
-;;::;----'"
~YRestaurants not containing a separate bar,,,,,::
or live entertainment area (including fast f
restaurants)
12, Restaurants containing a separate bar or
live entertainment area, night clubs and
dancehalls
13, Lodges, halls; banquet rooms, including
those associated with a restaurant; churches;
funeral homes, mortuaries; sports arenas;
theaters; auditoriums, including high school and
college auditoriums and similar places of
Page 2 of5
i~
3/4 space per bed
1 space per sleeping unit
1 space per 200 square feet of gross floor
area up to and including 35,000 square feet,
plus an additional 1 space per 250 square feet
of gross floor area in excess of 35,000 square
feet
1 space per 200 square feet of gross floor
area, minimum of 10 spaces required; if use
has one or more pump islands, credit for 2
parking spaces per pump island shall be given
1 space per 300 square feet of gross floor
area-.,.,.--' ~
. '-;...--;
parking space per 75 sq~feet~
gross floor area and 1 space for each 2~
seats provided in an outdoor eating area; \
if use has one or mQre drive-up windows
with drive-in lanes 24 feet in length, credit
for 1 parking space per window shall be
given; if such lane exceeds 44 feet, 2
paces per window shall be credited, in
computing-pa[king requirements
1 parking space per 50 square feet of
gross floor area and 1 space for each 2
seats provided in an outdoor eating area
1 space per 4 seats provided in
accordance with applicable fire code
occupancy standards
http://www.codemanage.comlbakersfieldlindex.php?topic=17-17 _58-17 _58_110
4/28/2005
17.58.110 Schedule of parking requirements.
assembly, Figure main meeting hall or rooms
,only.
14, Stadium, sports arena, or exhibition hall
15. Bowling alleys; restaurants, video arcades,
pro shops and other related uses shall be
computed separately
16. Golf courses; restaurants, video arcades,
pro shops and other related uses shall be
computed separately
17. Tennis, racquetball and handball courts;
restaurants, video arcades, pro shops and other
related uses shall be computed separately
18, Health clubs, such as aerobics and
gymnastics studios, private gyms, karate and
judo clubs and other similar uses
19. All other recreational and amusement uses;
parking to be determined by planning
commission
20, Day care center
21. Large family day care home
22. Warehouses and furniture stores
Office space for above
23, Saving and loans, and banks
24. General office-Le, real estate, finance
companies, architects, engineers, attorneys,
C.P.A. and other similar uses. Offices may
Page 3 of5
~~
1 space per 6 seats
5 spaces per alley
10 spaces per tree
3 spaces per court
1 space per 300 square feet of gross floor
area
1 space per 6 children plus 1 space per
staff member, with drop-off, pick-up area
approved by the traffic engineer
1 space per employee (the residential
driveway is acceptable if the parking space
does not conflict with any required child
drop-off, pick-up area pursuant Section
17.67,020B, 2 and B, 4 of this code
1 space per 1,000 square feet of gross
floor area
1 space per 300 square feet of gross floor
area
1 space per 300 square feet of gross floor
area; if use has one or more drive-up
windows with drive-in lanes 24 feet in
length, credit for 1 parking
1 spare per 230 square feet of gross floor
area
http://www.codemanage.com/bakersfieldlindex.php?topic=17-17 _58-17 _58_110
4/2812005
17.58.110 Schedule of parking requirements.
occupy vacated freestanding retail space less
. than.or equal to 1,450 square feet without
being considered a change of use for the
purpose of computing parking requirements if
approved by the planning director
25. Medical and dental offices, out-patient
clinics physical therapy, chiropractic offices,
specialized medical offices and other similar
uses
26, Medical laboratory such as diagnostic
dental and x-ray laboratories and other similar '
uses
27, Manufacturing, wholesale, service and
automotive repair;
Plus office space for above
28, Beauty and barbershops
29, Contractors storage yards, public buildings
and grounds other than administrative offices
30. Nursery sales, vehicle sales areas, trailer
and camper sales areas, boat and farm
machinery sales areas; office, retail sales,
service department, and repair area shall be
computed separately
31. Electric distribution substations, electric
transmission substations, gas regulator
stations, public utility pumping stations and
automatic communications equipment buildings
where there are no permanent employees
assigned
32. Veterinary hospitals and clinics
33. Shell buildings of various use design in
either an M-1 or M-2 zone which may contain
Page 4 of5
1 space per 125 square feet of gross floor
area
1 space per 230 square feet of gross floor
area
1 space per 500 square feet of gross floor
area
1 space per 300 square feet of gross floor
area
1 space over 100 square feet of gross
floor area or minimum' of 2 spaces per
barber or styling chair, whichever is
greater
1 space per company vehicle plus 1 space
per 2 employees (a person stationed or
working out of the storage or service yard)
on the maximum working shift
1 space per 4,000 square feet of inside or
outside sales area
No parking required
1 space per 500 square feet or gross floor
area
http://www.codemanage.comlbakersfield/index.php?topic=17-17 _58-17 _58_110
4/2812005
17.58.110 Schedule of parking requirements.
mixed office, commercial, industrial or storage
. uses c:ommonly known as office/warehouse
complexes
Page 5 of5
34. M~seums, libraries and cultural centers
1 space per 350 square feet of gross floor
area
(Ord. 4104 9 4, 2002: Ord. 3285 9 1 (part), 1990)
http://www.codemanage.comlbakersfieldlindex.php?topic=17-17 _58-17 _58_110
4/2812005
SPR #03-0594
Page 5
B.
DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
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1. 'The minimum parking required for this project has been computed based on use and shall be
as follows:
Use
Restaurant w/drive thru
Drive Thru Credit
Square
Foota!!:e
3,187 sq. ft.
Parking
Ratio
1 space/7 5 sq. ft.
Total Required Spaces
Required
Parkin!!:
42 spaces
-4 spaces
38 Spaces
(Note: 38 parking spaces are shown on the proposed site plan, By ordinance, compact and tandem spaces
cannot be counted toward meeting minimum parking requirements)
2. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 2'l1 feet provided required setbacks along street frontages are
maintained, and trees and shrubs are protected from vehicles.
3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access ways,
shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing
material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and
17.58.050 N.).
4. Parking lot lighting is required by the Bakersfield Municipal Code (Section 17,58,060A).
Illumination shall be evenly distributed across the parking area with light fixtures designed
and arranged so that light is directed downward and is reflected away from adjacent
residential properties and streets. Use of glare shields or baffles may be required for glare
reduction or control of back light. All light poles, standards and fixtures, including bases or
pedestals, shall not exceed a height of 40' above grade. The final building plans shall include
a picture or diagram of the light fixtures being used and show how light will be directed onto
the parking area. Please note that staff can require additional adjustments to installed
lighting after occupancy to resolve glare of other lighting problems that effect adjacent
properties.
5, The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued until
the Planning Division has approved the final landscape plan for consistency with approved
site plans and minimum ordinance standards (please refer to the attached landscaping
requirements in Chapter 17.61).
(NOTE: At the time a {"mal site inspection is conducted, it is expected that plants will
match the species identified and be installed in the locations consistent with the
approved landscape plan. Changes made without prior approval of the Planning staff
may result in the removal and/or relocation of installed plant materials and delays in
obtaining building occupancy.)
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APPLICATION FOR ENCROACHMENT PER.\-HI 0
TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNL.\:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a pennit
to place, ere~t, use and maintain an encroachment on public property or right-of-way as therein defined.
1, Full name ofaoolicant and comolete a~dress includingphonen~b~r:' edf.!-/I?vJ &=-4!/O d b~711,-DCN~;j,-,
2SS0 S- ~ kTDN {fret.. S :etVVViSON ~c1 CA- \3BL 61o(-zsy 7bo7'
p. D. c'';J-A-V' L!; .s~h.e.o- <x. 4s 4~tNr -qq'Z.-$;c.t1S ,.', (
2, Nature or description of the encroachment 0 which this apphcation is made: t( Co .v c.r.LTl.-, S 14-6 ~ 5 e>,'tJ.
/ ~ ' G-"'~.'5s~d A-V"iA-'Cc-rPek tN,p 'tiJ- 61~ < ",' ,
3, Location. of the proposed encroachment: G ('pssed 4/~Vl B{l.~,.;.j NP-(j.:iiJf)i)-(Jrf:I1'~;k.IJ.4JlL.,
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4. Periodoftimefor )"hich the encroachment is to be mai?tain~: I/"J.[$,-, ~t:-r; m; 4j'4 Uli_rs.
/N pvvlVv.f-7, '70 ,[;fu6!tL .US~ ," ", " " .'
Applicant agrees that if this application is granted, ap'plicant shall indemnify, defend and hold hannless City, its
officers, agents and employees against any and allliablhty, claims, actions, causes of action or demands, whatsoever
against them. or any pfthcm. before administrative, quasi-judicial, or judicial tribunals of any kind whatsoever, arising
out of, connected with, or caused by applicant's placement, erection, use (by applicant or any other person or entity)
or maintenance of said encroachment. The applicant further agrees to maintain the aforesaid encroachment during the
life ot:said encr?achment or ~ti1 such time that this pennit is revoked, . , ".,
, '
Applicant ~rther agrees that upon,th~ expiratio!l ofthe.pe~t [or which this application is made, if granted, or 'YQQn
the revocatIon thereofbv the CIN ene:rneer. aoohcant wtll at his own cost and exoense remove the same from the ?u~lic
prooerty or right of way where the same is located, and restore said public property or right of way to the condition
as nearly as that in which it was before the placing, erection, maintenance or existence or said encroachment. '
Applicant further agrees to obtain and keep all1iability insurance required by the City Engineer in full force and effect
for however' long the encroachment remains, Apphcant shall furnish the City Risk M.anager with a Certificate of
Insurance evideI,lcing sufficient coverage for bodily injury or property damage liability or both and required
endorsements evidencing the insurance required. The type(s) and amount(s) of insurance' coverage is:
.>'\ , .5.i3-E- A- 7T"4 e-h ED c... E R:..T, P I-~ A T >2:
,
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,PER'\IIT
1 HEREBY CERTIFY THAT I HAVE MADE A.~ INVESTIGA nON OF THE F ACTS STATED IN THE
FOREGOING APPLICATION AL~DFIND m-'.T THE MAINTENA.'lCE OF SAID ENCROACHMENT (1) WILL
(NOT) SUBSTAl'~TLUL Y INTERFERE WITH THE USE OF THE PUBLIC PLACE WHERE THE SA'IE IS TO
BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE;
SAID AlPLICATION IS THEREFORE (GRA.'lTED) (DENIED). SAID PERMIT SHALL EXPIRE
Date:
No,
SIgnature of CIty Engtneer
.
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22' -1" 26' -0" 6' -3"
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NEW CONCRETE DRIVEWAY
PER CITY'S STANDARDS
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FROM : JACK RABBIT
FAX" NO, :-661269.0749
~lar. 03 2005 11: l2SHf1 'P2
, CITY OF. BAKERSFIELD
" DEPARTMENT OF PUSLlCWORKS
.
TO WHOM 1.'MAYCONCERN:
. '
We the undersigned. have"no objection to the constructionA' a fence besideJhe
sidewalk within the publicrightofway.,J> 'I P:K~;)< r.i,'th':.5 /1rJ,l1 G,lASS&<! /)R~4-
Bv: ,Jz:d&A-IIQ
(Owners Name)
of II 5. C /Jes-r..e-V
(Address of purposed encroac:hment )
Phone:~bl:::, ~~ t..(-7'tJ 7
SIGNED;
1) Name: , L2/~~NJ ~bJ~
Addr..s: /:>ZO 2?~ . , ,
2)N.m.:~~d&f~s ., Ik~b-
Address: ~tJ ' ~~ Ih/;::. ___
3) Nitme: JJ~, d/?rPltiv17L! 'l turSf-fAys Dtu7S)~
Add~S$: ~,~, vii'" 57
4) Name: '... S \ LV e-Y(,A '\)0 S POUltS Lue!d.-V
Addr'8SS: L~ Vr' 131l)') /Ij Df}-~ 1- ~ I
5) Name: _' ,~O,{7t/ d4Kee-f
Addres$: /0~ '(jW?44 14, urd-
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6) Name: " f?(;// fle&~1(, ,
,Address: ,LC;-Cl C17ecft"'r.1f/C- ~..--
Oate: 3/:r/oS-;
p~te: 3/ ~rt S- .
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Date: J / ~ Jo~
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Date: ~ I '/ I pr-
Date: 3/r/PS- '
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"QUANT. TOTAL
3 " 168.6
1 24.0
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